FAA
Terms of Service
By using FAA’s Data Services, here in
referred to as “Services,” you are agreeing to these terms. Please read them
carefully. Our Services are very diverse, so additional terms or
requirements may apply. Additional terms will be available with the relevant
Service, and those additional terms become part of your agreement with us if
you use those Services. The additional terms are identified in section 4.5 of
the Service Description Document. The terms specified herein take
precedence when a conflict exists between additional terms or requirements.
Definition of Parties
“You” – when we reference “you,” we mean both the
user of our Services and any business entity the user is acting on behalf of in
using our Services. This role is also known as a Service Consumer.
“Us” – when we reference “us,” “we,” or “our,” we
mean any FAA organization including its officers, agents, and employees.
This role is also known as a Service Provider.
Definition of Terms
Service –When we use the term “Service” we mean the mechanism by
which you access our information and the information or data
accessed.
Service Consumer - Service
Consumer is defined as an external entity that consumes FAA data directly. They may provide a range of services to secondary
consumers of products produced, marketed, or supports the products produced,
using FAA Data.
Indirect/Secondary Consumer- Any
consumer who receives FAA data indirectly through a Service Consumer.
Service Description Document – An overarching document for each Service that
includes the necessary technical information to establish an interface with the
FAA and any additional relevant terms.
Using our Services
You must follow any policies made available
to you within the Service Description Document. Do not misuse our
Services. For example, do not interfere with our Services or try to access them
using a method other than the interface and the instructions that we provide.
You may use our Services only as permitted by law, including applicable export
and re-export control laws and regulations. We may suspend or stop providing
our Services to you without any prior notification if you do not comply with
our terms or if we are investigating suspected misconduct.
Using our Services does not give you
ownership of any data rights. Do not remove, obscure, or alter any legal
notices displayed in or along with our Services. In connection with your use of
the Services, we may send you (the Service Consumer) announcements,
administrative messages, and other information.
We are providing you our Services in
accordance with the HR 302 FAA Reauthorization Act of 2018: Section 566: RIGHT
TO PRIVACY WHEN USING AIR TRAFFIC CONTROL SYSTEM[1]. If you wish to redistribute any information
gained through this Service, you may not characterize it as FAA data.
If you choose to use additional Services
from us, you must review and accept an additional agreement for each
Service. Any additional terms applicable to different Services can be
found in section 4.5 of the relevant Service Description Document.
Service Consumer
If you choose to be a Service Consumer, you
must request an account from us. It is your responsibility to
protect your account from unauthorized or inappropriate use as specified by us. You
are responsible for any activity on or through your Account. In order to
establish and continue consuming Services, you must continue to comply with the
applicable Service Description Document requirements, as well as the terms
specified herein. If you are using these Services on behalf of a
business, the business is also bound by the terms and conditions of this Agreement. The
Account Holder and its associated email address will act as the agent for all
notices. The Account Holder is responsible for informing us—using the
agreement portal—of any changes to the point of contact for the account.
Privacy Policies
Our privacy policies explain how we treat
your data and protect your privacy when you use our Services. By using our
Services, you agree that we can use such data in accordance with our privacy
policies, including but not limited to FAA Order 1370.121 - FAA Information
Security and Privacy Program & Policy:
https://www.faa.gov/regulations_policies/orders_notices/index.cfm/go/document.information/documentID/1030708
Each Service Consumer must demonstrate the Service Consumer’s
ability to limit the display of or distribution (i.e., block) the aircraft from
their systems. Except under the
direction of the aircraft owner or operator, no data (to include historical
data) may be displayed or distributed for any aircraft registration or call
sign while the aircraft registration or call sign is listed on the FAA Limiting
Aircraft Data Displayed (LADD) program list.
If the aircraft registration or call sign is later removed from the LADD
list, a Service Consumer is no longer required to limit the data display for
the aircraft registration or call sign.
Historical data for the aircraft or call sign must be limited for time
listed for LADD.
Various FAA Services include real time and recent positon and
other relevant flight data associated with civil instrument fight rules (IFR)
aircraft. While commercial operators
conduct business according to a published listing of service and schedule,
general aviation operators and on-demand air charter aircraft operating under
14 CFR part 135 (“on-demand aircraft”) do not.
It is possible that knowledge of certain general aviation and on-demand
aircraft operators could compromise the security of individuals or
property. Accordingly, general aviation
aircraft identification numbers must be excluded from Services that provide
real time positon and other relevant flight data at all times while the
aircraft registration or call sign is listed on the LADD list. Further, even after an aircraft is no longer
on the LADD list, any historical data for the aircraft produced while the
aircraft was listed on the LADD list must remain protected.
All Service Consumers (as a condition of signing the FAA Terms
of Service) and Indirect Consumers (as a condition of signing an agreement with
a Service Consumer) must block any general aviation aircraft and on–demand
aircraft registration numbers, call signs, or flight numbers included on the
FAA-provided Limiting Aircraft Data Displayed (i.e., block) list. If the FAA determines that any Direct or
Indirect Consumer develops or markets products that violate this provision, the
FAA may suspend or stop Services per Terms of Service (TOS) Section “Using our
Services.”
The LADD list represents those private aircraft owners or
operators who have requested the limiting of their aircraft flight data from
any public dissemination or display while operating within the United States controlled airspace.
The FAA LADD list is made available on the first Thursday of
each month. Service Consumers must
access the electronic list of aircraft participating in the Limiting Aircraft
Display program via the NAS Aeronautical Data Exchange (ADX) portal at: https://adx.faa.gov and download the
“IndustryLADD” list. Both Service
Consumers and Indirect Consumers must update their respective systems within
FIVE business days of this monthly publication of the updated LADD list.
For questions regarding this appendix or requesting access to
the ADX SCBlockAtIndustry Collaboration Community portal, contact LADD program
office at (202) 267-0346 or LADD@faa.gov.
Modifying and Terminating Services
We are constantly changing and improving
our Services. We may add or remove functionalities or features, and we may
suspend or stop a Service altogether. We may suspend or stop a Service
for cause without any notice. If we are suspending or stopping a Service
without cause, we will notify the Service Consumer’s primary point of contact
for each account. You can stop using our Services upon appropriately
notifying us by selecting to stop service through the agreement portal.
We may change or add to these terms or any
additional terms that apply to a Service to, for example, reflect changes to
the law or changes to our Services. The Service Consumer primary point of
contact on each account will receive an email notification of these changes and
a copy of the modified or additional terms. Your continued use of our
Services once notification has been sent signifies your acceptance of these
changes. You should look at the terms regularly. If at any point
you no longer agree with these terms, it is your responsibility to cease use of
the Services and immediately notify us of your rejection of the terms and
intent to no longer use the Services by selecting to stop service at the
agreement portal. If you do not comply with these terms, and we do not take
action right away, this does not mean we are giving up any rights that we may
have (such as taking action in the future). If a particular term is not
enforceable, such unenforceability will not affect any other terms.
Disclaimer
Overview:
We are not liable for anything you or your
business does with our Services. If we are sued because of something you or
your business does with our Services, you agree to pay our costs, including but
not limited to any legal fees. Additionally, we are not liable for
any of the things listed in the detailed disclaimer below. In the event a
court of competent jurisdiction determines we are unable to waive all
liability, you will remain liable to the full extent of the law. Furthermore, such a judicial determination
will not limit your liability in other jurisdictions.
Should your use of the Services result in
the need for servicing, correction, or repair of any type, such servicing,
correction, and repair will be your responsibility and you assume all
associated costs. If, at any point after accepting these terms, you no
longer agree with them and want to stop using our Services, you must contact us
through the agreement portal as described in the above “Modifying and
Terminating Services” section.
Detailed Disclaimer:
We will not be held liable for any improper
or incorrect use of the Services and we assume no responsibility for anyone’s
use of the Services. We are not liable for any claim, suit, or action
arising from or related to the use of the Services or the violation of these
terms (including, but not limited to, any liability or expense arising from
claims, losses, suits, judgments, litigation costs, and attorneys’ fees).
We make no representations or warranties
(express, implied, or statutory) about the suitability, reliability,
availability, timeliness, accuracy of the Services, accuracy of the applied
filters, our storage of copies of the information, title, non-infringement,
merchantability, lack of negligence, correspondence to description, fitness for
a particular purpose, or the quality of the Services (including that the
Services are current, free of viruses, accurate, and/or complete).
Additionally, you understand that any testing required by us was done only to
insure no harm will come to our system; any other testing and what you choose
to do with the results is up to you. Finally, you accept that different
users will be granted access to different levels of Services depending on a
number of factors. Therefore, you understand that the Services you
receive may not be the full and complete Service potentially available to other
users.
To the maximum extent permitted by
applicable law, in no event will we be liable for any direct, indirect,
punitive, special, incidental, indirect, or consequential damages whatsoever
(including, but not limited to, damages for: loss of use, data or profits
arising out of or in any way connected with the use or performance of our
Services; loss of confidential or other information; business interruption;
personal injury; damage to reputation; death; loss of privacy; failure to meet
any duty (including of good faith or of reasonable care); negligence; and any
other loss whatsoever) arising out of or in any way related to the use of or inability
to use our Services, or the provision or failure to provide our Services, or
otherwise under or in connection with any provision of this Agreement, whether
based on contract, tort, negligence, strict liability, or otherwise even if we
have been advised of the possibility of such damages.
If you are dissatisfied with any portion of
our Services or with any of these terms of use after your acceptance of the
terms, your sole and exclusive remedy is to discontinue use of the Services and
notify us using the agreement portal as described above.
Disputes and Governing Law
For any dispute you have with us, you agree
to first contact us and we will attempt to resolve the dispute
informally. If we are unable to mutually resolve the dispute informally,
we each agree to resolve any claim, dispute, or controversy arising out of or
in connection with or relating to this Agreement or our Services through
elevation of the issue to the FAA’s Vice President of System Operations
Services, or his/her designee. The decision of the FAA’s Vice President
of System Operations Services (or his/her designee) is final unless it is
timely appealed to the FAA Administrator, whose decision is not subject to
further administrative review and, to the extent permitted by law, is final and
binding. This Agreement is governed by Federal law.
By clicking “I Accept,” you are agreeing to be bound by
this Agreement. If you do not wish to accept this Agreement and use our
Services, click “I Decline.”
Federal Aviation Administration